Judgment

SRINIVASAN, J.

( 1 ) THE first appellant was appointed as an Overseer (re-designated as Junior Engineer) on ad hoc basis in Public Works Department (for short P. W. D.), State of Uttar Pradesh on 17-7-1970 and was approved by the Public Service Commission, U. P. (for short the Commission) on 30-6-1973. The second appellant was directly appointed as Overseer substantively in the said department through the Commission on the same day. Both the appellants were holders of Diploma in Civil Engineering. In May, 1978 they passed an examination known as Associate Member of Institution of Engineer (India), Section A and B, equivalent to B. E. Degree. On 30-5-1979 the appellants were promoted to the post of Assistant Engineers on ad hoc basis. The said promotions were made within the quota of posts reserved for the promotees according to the relevant Service Rules by the Departmental Promotion Committee consisting of Secretary, Prosecution witness D. , Chief Engineer, Prosecution witness D. and Chief Engineer, Irrigation Department. The appointment orders stated that the promotion was being made to cope up with the work load in the Department since Assistant Engineers approved by the